Texas 2023 - 88th Regular

Texas Senate Bill SB458 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Kolkhorst S.B. No. 458
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authorization for and approval of certain nursing
7	7	programs offered by private postsecondary educational institutions
8	8	or for-profit entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.302, Education Code, is amended by
11	11	adding Subdivisions (12) and (13) to read as follows:
12	12	(12) "Professional degree" includes a Doctor of
13	13	Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental
14	14	Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris
15	15	Doctor (J.D.), and Bachelor of Laws (LL.B.).
16	16	(13) “Nursing degree” means an Associate Degree in
17	17	Nursing (ADN), Bachelor of Science in Nursing (BSN), Master of
18	18	Science in Nursing (MSN), and Doctor of Nursing Practice (DNP).
19	19	SECTION 2. Section 61.303, Education Code, is amended by
20	20	amending Subsection (c-1) and adding Subsection (c-2) to read as
21	21	follows:
22	22	(c-1) The board may not approve the issuance of a
23	23	certificate of authorization for an exempt institution to grant a
24	24	professional degree or to represent that credits earned in this
25	25	state are applicable toward a professional degree except to the
26	26	extent allowed for an authorized institution operating under a
27	27	State Authorization Reciprocity Agreement (SARA). [In this
28	28	subsection, "professional degree" includes Doctor of Medicine
29	29	(M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery
30	30	(D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor
31	31	(J.D.), and Bachelor of Laws (LL.B.).]
32	32	(c-2) The board may not approve the issuance of a
33	33	certificate of authorization for an exempt institution to grant a
34	34	nursing degree or to represent that credits earned in this state are
35	35	applicable toward a nursing degree except to the extent allowed for
36	36	an authorized institution operating under a State Authorization
37	37	Reciprocity Agreement (SARA).
38	38	SECTION 3. Section 61.306(c-1), Education Code, is amended
39	39	to read as follows:
40	40	(c-1) The board may issue a certificate of authority for a
41	41	private postsecondary educational institution to grant a
42	42	professional or nursing degree or to represent that credits earned
43	43	in this state are applicable toward a professional or nursing
44	44	degree only if the board determines that:
45	45	(1) the capacity and ability of similar professional
46	46	or nursing degree programs at institutions of higher education and
47	47	private or independent institutions of higher education are
48	48	insufficient to meet the state's current market needs;
49	49	(2) the institution seeking the certificate of
50	50	authority:
51	51	(A) has the necessary faculty and other resources
52	52	to ensure student success; and
53	53	(B) is subject to and agrees to meet the same
54	54	standards for approval and all academic criteria applicable to
55	55	similar professional or nursing degree programs offered by
56	56	institutions of higher education and private or independent
57	57	institutions of higher education; and
58	58	(3) sufficient placements are available to students
59	59	for required field-based experience, such as clinicals or
60	60	clerkships, for the proposed professional or nursing degree.
61	61	SECTION 4. Subchapter D, Chapter 301, Occupations Code, is
62	62	amended by adding Section 301.1571 to read as follows:
63	63	Sec. 301.1571. REQUIREMENTS FOR APPROVAL OF FOR-PROFIT
64	64	NURSING EDUCATION PROGRAMS. (a) In this section, "institution of
65	65	higher education" has the meaning assigned by Section 61.003,
66	66	Education Code.
67	67	(b) The board may not approve an educational program offered
68	68	by a for-profit entity unless the entity submits to the board:
69	69	(1) evidence satisfactory to the board that the
70	70	program will not result in a decrease in the number of clinical
71	71	practice positions available to students enrolled in nursing
72	72	programs in institutions of higher education in the region in which
73	73	the program will be offered;
74	74	(2) if applicable, passage rates for graduates of
75	75	programs operated by the entity in other states on the National
76	76	Council Licensure Examination for registered nurses or other
77	77	nationally recognized nursing licensing examination; and
78	78	(3) a statement from the hospital or other facility at
79	79	which the program's students will complete clinical training that
80	80	the agreement with the entity will not result in a decrease in the
81	81	number of clinical practice positions available to students
82	82	enrolled in nursing programs in institutions of higher education.
83	83	(c) The board may withdraw approval of an educational
84	84	program offered by a for-profit entity if the board determines that
85	85	the operation of the program has resulted in a decrease in the
86	86	number of clinical practice positions available to students
87	87	enrolled in nursing programs in institutions of higher education.
88	88	SECTION 5. Section 61.306(d), Education Code, is repealed.
89	89	SECTION 6. This Act takes effect September 1, 2023.